COM/DGX/oma Date of Issuance 12/22/2009

Decision 09-12-020 December 17, 2009

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Order Instituting Rulemaking to implement Senate Bill No. 1488 (2004 Cal. Stats., Ch. 690 (Sept. 22, 2004)) relating to confidentiality of information.

Rulemaking 05-06-040 (Filed June 30, 2005)

DECISION CLARIFYING THAT CERTAIN INFORMATION IS NOT
MARKET SENSITIVE IF RELEASED IN A SPECIFIED MANNER

1. Introduction

This decision clarifies that certain information related to the Renewables Portfolio Standard (RPS) program, if aggregated appropriately, is not "market sensitive" as defined in Decision (D.) 06-06-066, as modified by D.07-05-032 (hereinafter D.06-06-066).¹ The information includes the capacity, location by bus bar and zone, and technology type of proposed renewable generation projects that have been short-listed in utility solicitations between 2003 and 2009, or identified for bilateral negotiations during the same time frame, and submitted to the Commission by Southern California Edison Company, Pacific Gas and Electric Company, and San Diego Gas & Electric Company pursuant to the confidentiality procedures adopted in D.06-06-066.

This decision confirms that this information, when presented over a range of years, without identifying the bid prices, counter party names, solicitation year, or sponsoring utility, is not market sensitive and therefore should not be granted confidential treatment. This decision only applies to the short-list and bilateral contract data addressed here covering the period of the 2003 through 2009 solicitations. It does not modify any Commission rules or decisions, or change the manner in which RPS bid information will be treated on a going forward basis. The Commission will address additional releases of RPS data as appropriate, if and when it becomes necessary.

¹ As used in this decision, "aggregate" refers to the full range of data modification tools recognized in D.06-06-066 as available to facilitate disclosure of data while protecting market sensitive information, including aggregation, redaction, summarization, masking, or otherwise protecting the information in a manner that permits partial disclosure. See, e.g., D.06-06-066, as modified by D.07-05-032 in Appendix A (App. A) at Ordering Paragraphs 2 and 8.